SRC-HRD S.B. 896 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 896
By: Shapleigh
Finance
4-4-97
As Filed


DIGEST 

Currently, state law prohibits the use of most state property for
non-state purposes.  This prohibition prevents most agencies from taking
advantage of opportunities to generate non-tax revenue by leasing
underused facilities.   

Most state offices are used almost exclusively from 8:00 to 5:00, Monday
through Friday.  Moreover, new practices such as telecommuting, flex-time,
and the co-location of agency facilities are reducing overall office space
needs.  In recent years, the legislature has directed state agencies to
limit their amount of office space, which eliminated a significant amount
of leased space by consolidating agencies in state-owned offices. 

As a result of such efforts, some state facilities now have more idle
space during non-business hours. Current law, however, restricts most
agencies from making facilities such as meeting rooms, training rooms, and
parking facilities available for short-term use by private or public
non-state entities, either for free or for a fee.   

This bill, incorporating Texas Performance Recommendation CG3, would
direct the General Services Commission to conduct a pilot project to open
certain state facilities to commercial use at times when they are not
needed for state use. 

PURPOSE

As proposed, S.B. 896 requires the General Services Commission
(commission) to establish a pilot program to develop private, commercial
uses for state-owned parking lots and garages in the city of Austin; and
requires the commission to prescribe rules relating to short-term leases
of space to private tenants. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the General Services Commission under
SECTION 2 (Section 2165.205(d), Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 2165E, Government Code, by adding Section
2165.2035, as follows: 

Sec. 2165.2035.  PILOT PROGRAM.  Requires the General Services Commission
(commission) to establish a pilot program to develop private, commercial
uses for stateowned parking lots and garages in the city of Austin near
areas where entertainment businesses are concentrated.  Requires the
commission to contract with a private vendor to manage the commercial use
of state-owned parking lots and garages.  Requires money used for a lease
under this program to be deposited to the credit of the general revenue
fund. Requires the commission, on or before December 1 of each
even-numbered year, to submit a report to the legislature and the
Legislative Budget Board describing the effectiveness of the pilot
program. 

SECTION 2. Amends Section 2165.205, Government Code, to require the
commission to prescribe rules relating to short-term leases with private
tenants.  Deletes text prohibiting the commission from  leasing space to a
private tenant for use as private office space.  Makes conforming changes. 

SECTION 3. Amends Section 6165.211, Government Code, to authorize the use
of one-half of the money received from a lease under this subchapter,
other than a lease under Section 2165.2035, to be used only for building
and property services performed by the commission. 

SECTION 4. Amends Section 2166.102(c), Government Code, to require the
master facilities plan to contain an examination of the location, size,
and type of building space that is available for lease to private tenants,
and an examination of the extent to which the state maximizes the use of
existing buildings by leasing space to private tenants.  Makes conforming
changes. 

SECTION 5. Emergency clause.
  Effective date: upon passage.